PC 83-171-., ~....
RESOLUTION NO. PC83-171
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2493 BE GRANTED
WHEREAS, the Anaheim City Pla~nii~g Commission did receive a verified
Petition for Conditional Use Permit from SUSAN MANUEL, 2300 East Edgemont, Los
Angeles, California 90027, owner, and ,TACK T. CHO, 5031 "E" East Orangetharpe
Avenue, Anaheim, California 92807, agent of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THOSE c:ERTAIN PARCELS OE LAND SHOWN AS "MAX
BAYHA 8,452 i:CRES" AND "HERMINE BAYHA LOWE 7.806 ACRES, AS
SHOWN ON A MAP FILED IN BOOK 7~ PAGE 12 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGG COUNTY~
CALIFORNIA, SH04N AS PAF2CEL 2 ON THE PAkCEL MAP RECORDED IN
BOOK 74, PAGE 17 OF PAF.~EL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COONTY,
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 19, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 &
18.06.080 to ~~;it: to permit on-saie beer and wine in an exisL-ing restaurant
with waiver of:
SSCTION 18.06.050.0231 - Minimum number of Parking spaces.
AND 18.44.066.050 (241 spaces required; 229 spaces existing)
2. That the parking waiver is herpby granted on the basis that the
parking ~ariance will not cause an increase in traffic congestion in the
i,mmediate vicinity nor adversely affect any adjoining land uses; and that the
grantin9 of the parking variance under the conditions imposed, if any, will
not be detrimental to the peace, health, safety or general welfare of the
citizens of the City of Anaheim.
3. That the proposed use is hereby granted subject to the
petitioner's stipulation at the public hearing that beer and wine will only be
served in conjunction r:ith t.he service of ineals.
4• That the proposed use ~vill not adversely affect the adjoining
land uses and the growth and develoPment of the area in which it is proposed
to be located.
$0046r PC83-171
5. That the size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditional U~~ Permit unde: the
conditions imposed, if any, wi11 not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
7. That the traEfic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planni.ng
Commission has reviewed the proposal to permit on-sale beer and wine in an
existing restaurant with waiver of the minimum number of parking spaces on an
irregularly-shaped parcel of land consisting of approximately 3.5 acres,
located at the northwest corner of Oranaethorpe Avenue and Kellogg Drive, and
further described as 5031 "E" East Oran9ethorpe Avenue; and does hereby
approve the Negative Declaration upon finding that it has considered the
Negative Declaration together with any comments received during the public
review process and further finding on the basis of the Initial Stu~y and an~
comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1, That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
Z, That prior to final building and zoning inspections, Condition
No. 1, above-mentioned, shall be complied with.
3. That beer and wine shall be served only in conjunction with the
service of ineals.
BE IT FURTHER RESOLVED tnat the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any oart thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
'2' PC83-171
THE FOREGOING RESOLUTION is signed and appro~~ed by me this 19th day
ot September, 1983.
lGli O~G~-o'~._/
CHAIRMAN~ A HEIM CITY PLANNING COMMISSION
ATTEST:
~~.~. ,~.° `i~,, ., . ~
SECRETARY~ ANA$EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss.
CITY OF ANAHEIM )
I, Edi.th L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foreguing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on
September 19, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST~ KING~ LA CLAIRE
NOES: COMMISSIONERS: [~ONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
September, 1983.
Jo dX-Pib.-. ~ /~Y-~.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
'3- PC83-171